Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                      H.693
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                                    H.693
 Introduced by Representatives Coffey of Guilford, Burke of Brattleboro,
               Andrews of Westford, Anthony of Barre City, Austin of
               Colchester, Bartholomew of Hartland, Berbeco of Winooski,
               Black of Essex, Bluemle of Burlington, Bos-Lun of
               Westminster, Brown of Richmond, Brumsted of Shelburne,
               Buss of Woodstock, Campbell of St. Johnsbury, Carpenter of
               Hyde Park, Casey of Montpelier, Chapin of East Montpelier,
               Chesnut-Tangerman of Middletown Springs, Christie of
               Hartford, Cina of Burlington, Cole of Hartford, Cordes of
               Lincoln, Dodge of Essex, Dolan of Essex Junction, Dolan of
               Waitsfield, Durfee of Shaftsbury, Elder of Starksboro, Farlice-
               Rubio of Barnet, Garofano of Essex, Goldman of Rockingham,
               Graning of Jericho, Headrick of Burlington, Holcombe of
               Norwich, Houghton of Essex Junction, Howard of Rutland City,
               Hyman of South Burlington, James of Manchester, Jerome of
               Brandon, Kornheiser of Brattleboro, Krasnow of South
               Burlington, Lalley of Shelburne, LaLonde of South Burlington,
               Leavitt of Grand Isle, Logan of Burlington, Long of Newfane,
               McCann of Montpelier, McCarthy of St. Albans City, McGill of
               Bridport, Mihaly of Calais, Mrowicki of Putney, Mulvaney-
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                Stanak of Burlington, Nugent of South Burlington, Patt of
                Worcester, Pouech of Hinesburg, Priestley of Bradford,
                Rachelson of Burlington, Rice of Dorset, Satcowitz of
                Randolph, Scheu of Middlebury, Sheldon of Middlebury, Sims
                of Craftsbury, Squirrell of Underhill, Stebbins of Burlington,
                Stone of Burlington, Surprenant of Barnard, Templeman of
                Brownington, Toleno of Brattleboro, Torre of Moretown,
                Troiano of Stannard, Williams of Barre City, and Wood of
                Waterbury
 Referred to Committee on
 Date:
 Subject: Transportation; infrastructure; resiliency; carbon emissions;
          municipalities; Better Roads Program; Municipal Highway and
          Stormwater Mitigation Program; electric vehicles; plug-in electric
          vehicles (PEVs); eBikes; eBike Incentive Program; electric vehicle
          supply equipment (EVSE); Electric Vehicle Infrastructure
          Deployment Plan; EVSE Grant Program; EVSE complaint form;
          housing; right-to-charge; beneficial electrification; public transit;
          carsharing; Mobility and Transportation Innovation (MTI) Grant
          Program; Amtrak; Transportation Alternatives Grant Program;
          bicycle and pedestrian facilities; Downtown Transportation Fund;
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          Better Connections Program; Vermont State Standards; complete
          streets; local speed limits; State Treasurer; revenue
 Statement of purpose of bill as introduced: This bill proposes to:
       (1) increase the annual appropriations to the Agency of Transportation
 for the Better Roads Program and the Municipal Highway and Stormwater
 Mitigation Program within the Municipal Mitigation Assistance Program in
 fiscal year 2025;
       (2) appropriate $250,000.00 to the Agency of Transportation for a
 continuation of the eBike Incentive Program in fiscal year 2025;
       (3) require that the annual report on the State’s vehicle incentive
 programs include information on the State’s outreach and marketing efforts
 and recommendations for improvement of how the State markets and conducts
 outreach related to the State’s vehicle incentive programs;
       (4) codify the existing State goals for electric vehicle supply equipment
 (EVSE) along the State highway network and requirement that the Agency of
 Transportation annually report on the State’s efforts to meet those goals and
 also require that the Agency report on efforts to increase EVSE in the State and
 the operational status of EVSE available to the public, which shall be
 informed, in part, by reports collected through a new EVSE complaint form;
       (5) require the Agency of Transportation to prepare a written plan for
 how to fund and maintain the EVSE necessary for Vermont to meet the plug-in VT LEG #372648 v.5
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 electric vehicle (PEV) goals in the Comprehensive Energy Plan and the
 Vermont Climate Action Plan;
       (6) appropriate $3,000,000.00 to the Agency of Commerce and
 Community Development for a continuation of the EVSE Grant Program in
 fiscal year 2025;
       (7) require the Public Utility Commission to make written
 recommendations on what level of regulation, if any, should be placed on
 EVSE available to the public that is not owned and operated by an electric
 distribution utility;
       (8) establish right-to-charge laws to permit property owners and tenants
 to install EVSE;
       (9) allow residential customers to upgrade their electric service to enable
 participation in substantial domestic electrification, including managed level 2
 charging capability for PEVs, without incurring additional customer-specific
 charges from their electric utility;
       (10) require the Agency of Transportation to prepare a written plan to
 determine what programmatic elements need to be in place to allow for the
 expansion of carsharing in Vermont;
       (11) appropriate $750,000.00 to the Agency of Transportation for a
 continuation of the Mobility and Transportation Innovation (MTI) Grant VT LEG #372648 v.5
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 Program with an early application window for applicants that are seeking a
 grant award for a project in a rural community in fiscal year 2025;
         (12) require the Agency of Transportation to request of Amtrak and
 coordinate efforts with Amtrak on the feasibility of adding additional service
 and increasing bicycle storage on Amtrak trains in Vermont and to report on
 those efforts;
         (13) eliminate the statutory requirement of 50 percent of Transportation
 Alternatives Grant Program awards being for environmental mitigation
 projects, thereby potentially increasing the number of bicycle and pedestrian
 facility projects that can be funded through the Program;
         (14) increase the annual appropriation to the Agency of Transportation
 to provide grants for bicycle and pedestrian facilities projects in fiscal year
 2025;
         (15) increase the annual transfer from the Transportation Fund to the
 Downtown Transportation and Related Capital Improvement Fund and the
 annual appropriation to the Agency of Transportation for the Better
 Connections Program in fiscal year 2025;
         (16) require the Agency of Transportation to incorporate complete
 streets standards in the replacement to the Vermont State Standards, develop a
 way to target funding for complete streets projects within State-designated
 centers, develop a pattern book or other design guidelines to provide safer VT LEG #372648 v.5
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 bicycle and pedestrian accommodations, and establish clear standard treatment
 guidance for providing safer bicycle facilities on State highways;
       (17) allow all State-designated centers to have posted speed limits of
 less than 25 miles per hour; and
       (18) require the State Treasurer to develop a written proposal for new
 revenue sources for dedicated and ongoing funding related to transportation
 and the environment.
    An act relating to 2024 transportation initiatives to improve infrastructure,
    increase resiliency, and reduce carbon emissions
 It is hereby enacted by the General Assembly of the State of Vermont:
                * * * Short Title; Definitions; Legislative Findings * * *
 Sec. 1. SHORT TITLE
    This act may be cited as the Transportation Infrastructure and Resiliency
 Act of 2024.
 Sec. 2. DEFINITIONS
    As used in this act:
       (1) “Electric vehicle supply equipment (EVSE)” has the same meaning
 as in 30 V.S.A. § 201.
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       (2) “Level 3 charger,” “level 3 EVSE,” or “direct-current fast charger
 (DCFC)” means EVSE that uses dedicated direct current (DC) to provide
 energy to a plug-in electric vehicle.
       (3) “Plug-in electric vehicle (PEV)” has the same meaning as in
 23 V.S.A. § 4(85).
 Sec. 3. LEGISLATIVE FINDINGS
    The General Assembly finds that:
       (1) The issue of climate change, and what humankind must do to reduce
 its greenhouse gas emissions, is one of the most pressing challenges of today.
       (2) The July 2023 flooding that impacted so many of Vermont’s
 communities demonstrated that the threat of climate change is not in the distant
 future but is here in the present.
       (3) Vermont is faced with the challenges of reducing its greenhouse gas
 emissions, building resilience, and adapting to climate change.
       (4) In Vermont, the transportation sector contributes nearly 40 percent
 of the State’s carbon pollution, making it the second largest contributor to the
 State’s greenhouse gas emissions.
       (5) Transitioning away from gasoline-powered motor vehicles,
 providing car-free transportation options, and helping communities redesign
 and build more resilient transportation infrastructure enables Vermonters to
 access jobs, age successfully in our communities, and improve their health VT LEG #372648 v.5
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 while also reducing Vermont’s greenhouse gas emissions and meet the State’s
 obligations under 10 V.S.A. § 578(a) and the recommendations of the Climate
 Action Plan (CAP) issued under 10 V.S.A. § 592, as both were amended or
 added by the Global Warming Solutions Act of 2020.
       (6) Meeting the State’s emissions reductions obligation and getting on
 track to develop and sustain a clean, affordable, and accessible transportation
 sector suitable for the 21st century is a significant undertaking that requires
 aggressive, immediate, and sustained efforts and funding.
                          * * * Municipal Resiliency * * *
 Sec. 4. BETTER ROADS PROGRAM; MUNICIPAL HIGHWAY AND
         STORMWATER MITIGATION PROGRAM; APPROPRIATIONS
    (a) The sums of $1,000,000.00 from the Clean Water Fund and
 $2,000,000.00 from the Transportation Fund are appropriated to the Agency of
 Transportation in fiscal year 2025 for the Better Roads Program within the
 Municipal Mitigation Assistance Program.
    (b) The sum of $3,000,000.00 is appropriated from the Transportation Fund
 to the Agency of Transportation in fiscal year 2025 for the Municipal Highway
 and Stormwater Mitigation Program within the Municipal Mitigation
 Assistance Program.
    (c) The appropriations from the Transportation Fund required under
 subsection (b) of this section shall, if possible, fully utilize federal monies VT LEG #372648 v.5
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 available to Vermont under the Promoting Resilient Operations for
 Transformative, Efficient, and Cost-Saving Transportation (PROTECT)
 Formula Program, established through the Infrastructure Investment and Jobs
 Act, Pub. L. No. 117-58 (IIJA) and codified as 23 U.S.C. § 176.
                           * * * Electric Vehicles * * *
                       * * * eBike Incentive Program * * *
 Sec. 5. EBIKE INCENTIVE PROGRAM; APPROPRIATION
    (a) Appropriation. The sum of $250,000.00 is appropriated from the
 Transportation Fund to the Agency of Transportation in fiscal year 2025 to
 continue the eBike Incentive Program established pursuant to 2021 Acts and
 Resolves No. 55, Sec. 28, as amended by 2022 Acts and Resolves No. 184,
 Sec. 23 and further modified by 2023 Acts and Resolves No. 62, Sec. 22.
    (b) Modifications. The eBike Incentive Program shall be administered in
 accordance with the modifications in 2023 Acts and Resolves No. 62, Sec. 22.
 Electrify Your Fleet Program created under 2023 Acts and Resolves No. 62,
 Sec. 21 pursuant to the requirements of 2023 Acts and Resolves No. 62,
 Sec. 21 except as modified in subsection (c) of this section.
    (c) Carryforward; deployment in fiscal year 2025.
       (1) Notwithstanding any other provision of law and subject to the
 approval of the Secretary of Administration, appropriations to support the
 expenditures under this section remaining unexpended on June 30, 2025 shall VT LEG #372648 v.5
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 be carried forward and designated for the same expenditures in the subsequent
 fiscal year.
       (2) Every reasonable effort shall be made to obligate and deploy the
 monies appropriated for expenditure under this section in fiscal year 2025 in
 order to achieve a pace of electric vehicle adoption and transition away from
 personal vehicle ownership necessary to meet the emissions reduction
 requirements of 10 V.S.A. § 578(a) and the recommendations of the Climate
 Action Plan (CAP) issued under 10 V.S.A. § 592.
    (d) Administrative costs. Up to 15 percent of the appropriation in
 subsection (a) of this section may be used for any costs associated with
 administering and promoting the eBike Incentive Program.
    (e) Reporting. The Agency of Transportation shall address incentives for
 electric bicycles, electric cargo bicycles, and adaptive electric cycles provided
 pursuant to this section in the January 31, 2025 report required under
 19 V.S.A. § 2905 including:
       (1) the demographics of who received an incentive under the eBike
 Incentive Program;
       (2) a breakdown of where vouchers were redeemed;
       (3) a breakdown, by manufacturer and type, of electric bicycles, electric
 cargo bicycles, and adaptive electric cycles incentivized;
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      (4) a detailed summary of information provided in the self-certification
 forms; and
      (5) a detailed summary of information collected through participant
 surveys.
              * * * Electric Vehicle Supply Equipment (EVSE) * * *
 Sec. 6. 19 V.S.A. chapter 29 is amended to read:
      CHAPTER 29. VEHICLE INCENTIVE PROGRAMS; ELECTRIC
                       VEHICLE SUPPLY EQUIPMENT
 § 2901. DEFINITIONS
   As used in this chapter:
                                      ***
      (4) “Electric vehicle supply equipment (EVSE)” and “electric vehicle
 supply equipment available to the public” have the same meanings as in
 30 V.S.A. § 201.
      (5) “Plug-in electric vehicle (PEV),” “battery electric vehicle (BEV),”
 and “plug-in hybrid electric vehicle (PHEV)” have the same meanings as in
 23 V.S.A. § 4(85).
                                      ***
 § 2905. ANNUAL REPORTING; VEHICLE INCENTIVE PROGRAMS
   (a) The Agency shall annually evaluate the programs established under
 sections 2902–2904 of this chapter to gauge effectiveness and shall submit a VT LEG #372648 v.5
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 written report on the effectiveness of the programs and the State’s marketing
 and outreach efforts related to the programs to the House and Senate
 Committees on Transportation, the House Committee on Environment and
 Energy, and the Senate Committee on Finance Natural Resources and Energy
 on or before the 31st day of January in each year following a year that an
 incentive was provided through one of the programs.
    (b)